Public Administrator of Kings County v Berkovits
Motion No: 2010-00772
Slip Opinion No: 2019 NY Slip Op 60037(U)
Decided on January 2, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258798

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2010-00772

Public Administrator of Kings County, appellant,

v Joseph Berkovits, et al., respondents.

(Index No. 8157/09)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated October 26, 2009.

On the Court's own motion, it is

ORDERED that the parties to the appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal has been abandoned as the Public Administrator of Kings County has never responded to communications by the Court or advised this Court whether the brief and reply brief filed by the appellant's former counsel before the appellant died would be adopted by the Public Administrator of Kings County, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 23, 2019; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the parties to the appeal by regular mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court